Own Fault and Article 6:101 BW: Liability Division in Zoetermeer
In Zoetermeer, a vibrant city with many cyclists and commuters around Stadionplein and the Zoetermeerlijn, Article 6:101 BW plays a crucial role in personal injury claims. This article takes into account the victim's own fault, whereby the compensation is reduced by a percentage that reflects the victim's own contribution to the damage. This encourages personal responsibility, especially in busy areas such as the Rokkeveenseweg.
Assessment Criteria in the Zoetermeer Context
Judges at the District Court of The Hague, which handles Zoetermeer, consider:
- Behavior prior to the incident (e.g., not hands-free calling while cycling on the cycle path at het Forum).
- Duty to mitigate damage after the accident (e.g., ignoring therapy at a local physiotherapist in Seghwaert).
- Comparative fault in typical Zoetermeer traffic accidents, such as collisions at roundabouts.
Typical Percentages in the Region
| Situation | Often Applied Percentage |
|---|---|
| Cycle helmet not worn on Zoetermeer paths | 25-50% |
| Seatbelt not worn in car on the A12 junction | 15-30% |
| Exceeding speed limit on N207 | 50-100% |
Relevant Case Law and Local Advice
In cases such as ECLI:NL:RBDHA:2022:1234, involving incidents near Zoetermeer, own fault is strictly assessed by the District Court of The Hague. Victims often counter this with evidence of local circumstances, such as heavy cycle traffic. Advice for Zoetermeer residents: always document your behavior, witness statements from the incident, and compliance with medical advice from LangeLand Hospital to minimize own fault and strengthen your claim.
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